REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA CRIMINAL MISC. APPL. NO. 58 OF 2018 (CORAM: R. E. ABURILI – J) TOBIUS OYUGI ........................................................ APPLICANT VERSUS ISMAEL NASUR ALI .......................................... RESPONDENT (KISUMU FILE NO. 58 OF 2018 FORWARDED FOR HEARING BY D.R. KISUMU BEFORE VACATION DUTY COURT - SIAYA) RULING: I have heard the Appellant/Applicant on the application dated 23.8.2018. I have considered the Application dated 23.8.2018. I have considered the Application for stay pending appeal. I am satisfied that the matter is urgent and ought to be heard expeditiously in the first instance. I certify it as urgent. On the prayer for stay, I note that the Applicant seeks for exparte orders in the first instance. I direct the Applicant to serve the Respondent with the Application for interpartes hearing on 11.9.2018 before Hon. Justice F. Ochieng Presiding Judge, Kisumu High Court during the recess. In the interim, the Applicant shall have a temporary stay of execution order, staying judgment delivered on 5 th June, 2018, in Rent Restriction Tribunal Case No. 2 of 2018, until the Application for stay is heard interpartes. Orders to be send on the Auctioneers and Respondent. Orders accordingly. Delivered, Dated and Signed this 28th day of August, 2018. R. E. ABURILI JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.